The warranties may be voided by misuse, accident, modification, unsuitable
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alteration of Machine or parts identification labels, or failure caused by a product for
which IBM is not responsible.
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WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THESE WARRANTIES GIVE YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF EXPRESS OR IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN THAT
EVENT SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY
PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD.
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Circumstances may arise where, because of a default on IBM’s part or other
liability, you are entitled to recover damages from IBM. In each such instance,
regardless of the basis on which you are entitled to claim damages from IBM
(including fundamental breach, negligence, misrepresentation, or other contract or
tort claim), IBM is liable only for:
1. Damages for bodily injury (including death) and damage to real property and
tangible personal property; and
2. The amount of any other actual direct damages or loss, up to the greater of
U.S. $100 000 or the charges (if recurring, 12 months charges apply) for the
Machine that is the subject of the claim.
UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE FOLLOWING:
1) THIRD-PARTY CLAIMS AGAINST YOU FOR LOSSES OR DAMAGES (OTHER
THAN THOSE UNDER THE FIRST ITEM LISTED ABOVE); 2) LOSS OF, OR
DAMAGE TO, YOUR RECORDS OR DATA; OR 3) SPECIAL, INCIDENTAL, OR
INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES
(INCLUDING LOST PROFITS OR SAVINGS), EVEN IF IBM OR YOUR RESELLER
IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO
YOU.
Notices
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